HomeMy WebLinkAboutAugust 1, 2018Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers That the agenda for the Wednesday, August 10, 2018 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 11, 2018 be adopted as amended. Carried Unanimously Page 1 of 12
-C1of-p](KER]NG (Ill) Reports 1. PICA 58118 P. Dalglish 358 Rosebank Road Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610118: • to permit a minimum front yard setback of 6.35 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a covered platform (porch) to project a maximum of 0.91 of a metre into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in•order to obtain a building permit for the construction of an addition and covered porch in the front yard of the property. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Peter Barton, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Peter Barton stated the proposed addition and covered porch is to be used as a front foyer to provide additional space in the front entrance of the house. Moved by Sean Wiley Seconded by Eric Newton That application PICA 58118 by P. Dalglish, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the construction of a front addition and covered porch, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report dated August 1, 2018). 2. That the applicant obtain a building permit for the proposed construction by August 3, 2020, or this decision shall become null and void. Carried Unanimously Page 2 of 12
-C~of-p](KERJNG 2. PICA 59118 & PICA 60118 Mattamy (Seaton) Limited Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers Part of Blocks 83 and 90, Draft Approved Plan of Subdivision SP-2009-13, Phase 2 The applicant requests relief from Zoning By-law 7364114, as amended: PICA 59118 (Block 83, Unit 7): To permit a minimum flankage yard setback of 1.78 metres, whereas the by-law requires a minimum flankage yard setback of 2.4 metres. PICA 60118 (Block 90, Unit 8): To permit a minimum flankage yard of 0.80 of a metre, whereas the by-law requires a minimum flankage yard setback of 2.4 metres. The applicant requests approval of these variances in order to obtain a building permit for the construction of street townhouse dwellings with integrated private garages, accessed by a lane. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Alex Waring, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Alex Waring stated the street townhouses are in compliance with the zoning by-law with the exception of the flankage yard setback due to the corner rounding of the subject properties. In response to a question from a Committee Member, Alex Waring stated the balconies and garages will be located at the rear of the buildings. Moved by Denise Rundle Seconded by Eric Newton That application PICA 59118 by Mattamy (Seaton) Limited, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That this variance apply only to the proposed townhouse dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment report dated August 1, 2018). Page 3 of 12
-C~6f-p](KER1NG Committee of Adjustment Meeting Minutes Wednesday,August1,2018 · 7:05 pm Council Chambers That application PICA 60118 by Mattamy (Seaton) Limited, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That this variance apply only to the proposed townhouse dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 3 contained in Committee of Adjustment report dated August 1, 2018). 3. PICA 61118 K. Campbell & D. Coleman 565 Whitevale Road Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended: • to permit a maximum accessory building height of 4.38 metres, whereas the zoning by-law permits a maximum height of 3.5 metres ' The applicant requests approval of this variance in order to obtain a building permit for an existing accessory building (detached garage). The Secretary-Treasurer outlined the staff recommendation from the City Development pepartment recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Dave Coleman, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Dave Coleman stated the existing detached garage was unsafe and it needed to be repaired. He also stated the reason for the height variance is he wanted the roof line to match the existing building. He has consulted with the neighbours and is familiar with the Committee of Adjustment process. In response to a question from a Committee Member, Dave Coleman indicated that he has been in contact with Heritage Planning staff and the next Heritage Committee meeting will be August 22, 2018. Moved by Eric Newton Seconded by Sean Wiley That application PICA 61118 by K. Campbell & D. Coleman, be Tabled until Heritage Planning staff and the Heritage Pickering Advisory Committee have reviewed the application and a heritage permit is obtained. Carried Unanimously Page 4 of 12
~C~0f-p](KERJNG 4. PICA 63118 E. Bouchard 1006 Vistula Drive Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers The applicant requests relief from Zoning By-law 2520, as amended, to permit a minimum west side yard width of 1.3 metres; whereas the by-law requires a minimum side yard width of 1.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct an addition (garage) to a detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Ralph Allison, on behalf of the owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Ralph Allison stated they will be using the existing footprint of the carport and it will be enclosed by erecting three walls and installing a garage door. Ralph Allison also stated there is a breeze way between the dwelling and garage with plenty of room for maintenance and snow clearing. Moved by Sean Wiley Seconded by Tom Copeland That application PICA 63118 by E. Bouchard, be Approved on the grounds that the west side yard width of 1.3 metres is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed addition (garage), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report dated August 1, 2018). 2. That the applicant obtain a building permit for the proposed construction by August 3, 2020, or this decision shall become null and void. Carried Unanimously Page 5 of 12
-C~0f-p](KER]NG 5. PICA 64/18 S. lkovlena 1692 Central Street Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06: • to permit an existing minimum of 9 parking spaces; whereas the by-law requires a minimum of 15 parking spaces • to permit an existing minimum lot area of 691 square metres for an accessory dwelling unit; whereas the by-law requires a minimum lot area of 695 square metres for an accessory dwelling unit • to permit an existing minimum exterior side yard of 0.6 of a metre; whereas the by-law requires a minimum exterior side yard of 18 metres • to permit an existing minimum flankage yard of 0.6 of a metre; whereas the by-law requires a minimum flankage yard of 4.5 metres • to permit an existing maximum lot coverage of 44 percent; whereas the by-law requires a maximum lot coverage of 33 percent • to permit an existing minimum landscaped open space of 18 percent; whereas the by-law requires a minimum landscaped open space of 50 percent • to permit an existing accessory structure located in the rear yard to be setback a minimum of 0.0 metres from the west lot line and setback a minimum of 0.8 of a metre from the north lot line; whereas the by-law requires that accessory structures greater than 10.0 square metres in area shall be setback a minimum of 1.0 metre from all lot lines • to permit the existing building to the south to be setback 10.0 metres from the centerline of Brock Road; whereas the by-law requires that no building or structure be erected closer than 19.5 metres to the centerline of Brock Road • to permit an existing parking area abutting Central Street to be setback 0.0 metres; whereas the by-law requires that where a parking area abuts a road allowance there shall be a 3.0 metre setback therefrom • to permit an existing entrance and exit to a parking area to be paved for a minimum distance of 0.0 metres from the front lot line where it abuts a street; whereas the by-law requires that all entrances and exits to parking areas shall be paved for a minimum distance of 15.0 metres from the front lot line where it abuts a street The applicant requests approval of these variances in order to obtain a building permit for renovations in the northerly building and to recognize the existing site conditions. Page 6 of 12
-Cdt)of-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending app.roval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Svetlana lkovlena, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from a Committee Member, Svetlana lkovlena stated the existing detached garage is being used for storing wood not vehicles; there are four parking spaces allocated for the residential units and five parking spaces are allocated for the two commercial units. In response to a question from a Committee Member, the Secretary-Treasurer indicated a condition to obtain a building permit is not required because the requested variances are existing site and building conditions. Due to the small interior renovation and to recognize the existing conditions on the subject site, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 64/18 by S. lkovlena, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That these variances apply only to the existing garage and two existing mixed-use buildings containing a total of four residential units and two commercial units, as generally sited and outlined on the applicant's submitted plans, and existing as of the date of this report and decision (refer to Exhibit 2 contained in Committee of Adjustment report dated August 1, 2018). Carried Unanimously Page 7 of 12
-.C~0f-p](KER]NG 6. PICA 42118 to PICA 44118 M. Malik-Qasim & 10221058 Canada Ltd. 560 & 562 Marksbury Road PICA 42118 (560 Marksbury Road) Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610118: • to permit a minimum lot frontage of 14.2 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum north side yard setback of 1.2 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent PICA 43118 (562 Marksbury Road) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610118: • to permit a minimum lot frontage of 14.7 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum south side yard setback of 1.2 m_etres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a minimum flankage yard setback of 3.5 metres, whereas the by-law requires a minimum flankage yard setback of 4.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a covered porch and associated steps to project a maximum of 2.0 metres into the flankage yard, whereas the by-law does not permit uncovered steps or platforms to project into the flankage yard PICA 44118 (Proposed Lot 3) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610118: • to permit a minimum east side yard setback of 1.2 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a maximum building height of 9.25 metres, whereas the by-law permits a maximum building height of 9.0 metres The applicant requests approval of these minor variance applications in order to facilitate the creation of one additional lot through the Region of Durham's Land Division Committee (File Numbers LD 042118 & LD 043118) and to obtain building permits for the construction of three single detached dwellings. Page 8 of 12
-Cdjjo/-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the applications. Written comments were received from the representatives of the Fairport Beach Neighbourhood Association indicating an agreement between the applicant and the representatives of the Neigbhourhood Association in support of the revised variances. The signatures indicate their support for the revised applications where all balconies are facing the front yards only, and where the building height proposed for the new lot fronting Surf Avenue is 9.25 metres. Written comments were also received from 21 residents in the West Shore Neighbourhood on Park Crescent, Marksbury Drive, Vicki Drive, Surf Avenue, Leaside Street and Sandstone Court in objection to the revised variances. Nadeem lrfam, agent, was present to represent the applications. Jasmine Rauh-Munch of 509 Marksbury Road, Carol Bamford of 528 Marksbury Road, Pegi Leybourne and Sherri Gustin of 556 Marksbury Road were present in objection to the applications. Kamran Adil of 568 Marksbury Road and lffikhas Hussain of 581 Marksbury Road were present in support of the applications. The agent, Nadeem lrfam, outlined that following the deferral of the applications by the Committee on May 30, 2018, 3 meetings were held with the community (2 of the meetings were attended by Councillor Brenner and representatives of the Fairport Ratepayers Association, and the third meeting was with the community). As a result of these meetings, the Developer agreed to reduce the proposed building height for proposed Lot 3 to 9.25 metres and move all proposed balconies to the front of the buildings. A letter of agreement between the Developer and the Fairport Ratepayers Association supporting these revisions was submitted to the Committee. The agent further outlined that the requested 37 percent coverage is minor, the required front and rear yards are maintained, the reduced side yards do not impact existing lots, the requested building height variance is due to the grading of the proposed Lot 3, there is adequate accommodation for site drainage, and the proposed variances meet the 4 tests. Jasmine Rauh-Munch expressed several concerns with having large homes on small lots; and requesting 11 variances that are not minor in nature or desirable. She also indicated the area residents did not review the agreement between the Fairport Beach Neighbourhood Association and the Developer. Jasmine Rauh-Munch provided a history of development in the surrounding area and provided additional signatures opposed to the applications for the Committee Members to review. Page 9 of 12
-Cfi;J0/-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers Carol Bamford agreed with comments made from Jasmine Rauh-Munch and expressed several concerns with the strain on the storm sewers; opposed to any height variance over the 9.0 metres; and the loss of privacy. Carol Bamford would like to see development stay within by-laws. Pegi Leybourne expressed several concerns with having large homes on small lots, does not want this in her backyard and is strongly against all variances. Sherri Gustin expressed a concern that the builder has not even started building yet and they are asking for relief from the by-laws and questioned why are there by-laws if no one is going to comply with them. Kam ran Adil stated the new homes will improve the character of the surrounding neighbourhood; that large families require large homes and does not agree that these new homes will have an impact on the storm sewers. lffikhas Hussain indicated he supports both applications. In response to questions from Committee Members, Nadeem lrfam confirmed that all proposed balconies will be located on the front of the proposed buildings, and that an existing shed will be removed: In response to the question of why couldn't the 33 percent coverage provision be complied with, the Nadeem lrfam indicated that the resulting floor plan is not viable. Due to having heard residents' concerns regarding the massing of the proposed homes, the location of balconies, and storm drainage, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland That the minimum lot frontage of 14.2 metres for PICA 42118 by M. Malik-Qasim, be Approved on the grounds that this variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That the applicant obtain final clearance for Land Division Applications LO 042118 & LO 043118 by May 3, 2019, or this decision shall become null and void. and That the minimum north side yard setback of 1.2 metres for PICA 42118 by M. Malik-Qasim be Approved on the grounds that this variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: Page 10 of 12
-C0}0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday,August1,2018 7:05 pm Council Chambers 1. That these variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by May 3, 2021, or this decision shall become null and void. 3. That any proposed balcony be permitted on the front fa9ade of the dwelling only. and That the maximum lot coverage of 37 percent for PICA 42118 by M. Malik-Qasim be Refused on the grounds that this is a major variance, and not desirable for the appropriate development of the land. That the minimum lot frontage of 14. 7 metres for PICA 43118 by 10221058 Canada Ltd, be Approved on the grounds that this variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That the applicant obtain a final clearance for Land Division Applications LO 042118 & LO 043118 by May 3, 2019, or this decision shall become null and void. and That the minimum south side yard setback of 1.2 metres, a minimum flankage yard setback of 3.5 metres, and a covered porch and associated steps to project a maximum of 2.0 metres into the flankage yard for PICA 43118 by 10221058 Canada Ltd. be Approved on the grounds that these variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 4). 2. That the applicant obtain a building permit for the proposed construction by May 3, 2021, or this decision shall become null and void. 3. That any proposed balcony be permitted on the front fa9ade of the dwelling only. and That the maximum lot coverage of 37 percent for PICA 43118 by 10221058 Canada Ltd. be Refused on the grounds that this is a major variance, and not desirable for the appropriate development of the land. Page 11 of 12
-Ci4;0f-· -P1CKER1NG Committee of Adjustment Meeting Minutes Wednesday,August1, 2018 7:05 pm Council Chambers That the minimum east side yard setback of 1.2 metres, and a maximum building height of 9.25 metres for PICA 44118 by M. Malik-Qasim, be Approved on the grounds that these variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 6). 2. That a minimum west side yard setback of 1.8 metres is provided. 3. That the applicant obtain a building permit for the proposed construction by May 3, 2021, or this decision shall become null and void. 4. · That any proposed balcony be permitted on the front fagade of the dwelling only. 5. That the existing shed be demolished prior to issuing a Building Permit (refer to Exhibit 6). · and That the maximum lot coverage of 37 percent for PICA 44118 by M. Malik-Qasim, be Refused on the grounds that this is a major variance, not desirable for the appropriate development of the land. · Carried Unanimously Adjournment Date Chair Moved by Eric Newton Seconded by Tom Copeland That the 10th meeting of the 2018 Committee of Adjustment be adjourned at 8: 12 pm and the next meeting of the Committee of Adjustment be held on Wednesday, August 22, 2018·. Carried Unanimously' As~ Page 12 of 12